Unemployment Insurance benefits when no longer employed

by trudi_lynn » Thu Dec 11, 2008 07:53 pm

Unemployment insurance is designed to provide individuals some financial protection when they become unemployed through no fault of their own. These benefits continue till a specific period of time or until the individual finds a new job. The federal law establishes guidelines for the State unemployment insurance programs that in return provide the unemployment benefits.

Who is eligible for unemployment insurance?

The most important factor that makes you eligible for unemployment benefits is that you should lose your job not due to your own fault. If you lose your job because of your own fault you will be disqualified from unemployment benefits. You may also not receive unemployment benefits if you:

Quit your job on your own without a good reason
Are self-employed
Are involved in labor dispute
Are fired from your job as a result of misconduct
Resign from your job because of illness
Quit your job to get married
Quit because you want to attend school

How would you receive unemployment benefits?

Unemployment insurance benefits are usually paid for a maximum of 26 weeks in most of the states. However, if there is a high number of unemployment then additional weeks of benefits may be available. Benefits in many states mean that you can receive compensation that is half of your earnings up to the maximum amount available in each state. These unemployment benefits are, however, subject to Federal income taxes and you must report them to your Federal income tax return.

When should you file for unemployment?

You should file for unemployment benefits if you have been laid off for no fault of yours. The sooner you file the better for you since benefits might take 2-3 weeks to come. To be able to file a claim you will need the following:

Details like names, addresses and dates of employment of all your employers in the past 2 years
Your Social Security Number
Your mailing address with zip code
If you are not a US citizen, your Alien Registration Card
Telephone number

Some states also have a waiting period after unemployment benefits are claimed. Once you have your claim approved, you can then file weekly by mail or even a phone call.

Can you collect unemployment and disability at the same time?

To claim disability insurance you must be unable to work but willing. To claim unemployment you must not have a job but must be in a health condition suitable for a job as soon as you get one. Since both are in contradiction, you may contact your local attorney to help you in this regards. So, can you file for medical disability while collecting unemployment benefits? The answer would be a little tricky. It largely depends on the kind of work that is defined in the programs. Disability insurance is not directly connected to Employment Security Commission. This might be reason enough for you to file for medical disability while collecting unemployment benefits. However, when you file for unemployment you make an unspoken statement that you are ready and available for work (full time) and are willing to find jobs that suit you. On the other hand when you filed for disability, you state that you are unable to work (at all) due to a disability.

These two conditions have a huge disparity between themselves and hence it might be a problem if the Employment Security Commission finds out that you have filed for disability benefits while on unemployment benefits. You may not know but there can be various ways by which the Commission might get to now of this dual benefit that you are receiving.

If you are caught receiving and accepting both benefits, then you will be required to repay all unemployment / disability benefits because you will not be eligible. You could also be charged with fraud.

Total Comments: 101

Posted: Wed Nov 04, 2009 09:30 pm Post Subject: can you collect unemployment and disability at the same time

Can you file for medical disability while collecting unemployment benefits? In the state of Il.

Posted: Wed Nov 11, 2009 07:23 pm Post Subject: can you collect unemployment and disability at the same time

I was laid off 8 months ago. I'm currently receiving unemployment benefits. I suffer from severe wrist tendinitis in my wright hand due to the excess use of the computer (HR/Payroll Manager) from my previous two jobs. I was too busy to claim WC even though I reported the pain to my boss, I neglected to go to the doctor. My condition has worsen. Will I qualify for disability benefit if I stop my unemployment? and can I still report my injury to my former employer and get disability and medical benefits? if not what are my best options? thanks

Posted: Fri Nov 13, 2009 03:19 pm Post Subject: unemployment

i have been on workers comp. since sept of 08. I will be released to go back to work within the next 6 months. If my employer lays me off can I collect unemployment. I live in Pennsylvania and work in Jersey.

Posted: Mon Dec 07, 2009 01:47 pm Post Subject: In my not really expert opinion...

I'll start by saying that I do not know anything about individual states except for the one I am in which is Maryland. I am also currently going through this and haven't gone through it previously so I'm not an expert; however, I do understand law and legal documents very well and it appears to me to be perfectly legitimate to claim both Unemployment Compensation and Disability at the same time. Following is my reasoning:

1. You must ready, willing, and able to work in order to collect unemployment insurance in the state of Maryland(likely the same in your state) and, at least in Maryland, it doesn't specify full-time, part-time, or any amount of time/week that you must be ready to work.

2. In order to qualify for Federal Disability, you must be found legally disabled, which is an unbelievable pain in the ***. I was denied, in my opinion, automatically by a computer the first time...on 1st appeal, automatically denied by a computer as well...on 2nd appeal, you go before an Administrative Law Judge, and she found me Fully Favorable.

Now...qualifying for disability doesn't necessarily mean you can't work at all, in fact, many people work 10-12 hrs per week and still qualify.

Summation: Theoretically, you can be ready, willing, and able to work up to the maximum disability allows(possibly 12hrs I think); thus qualifying you for both.

NOTE: I am not a lawyer, but read legal documents very well.

Posted: Wed Jan 06, 2010 04:25 am Post Subject: medical benefits

if you are a full time student receiving unemployment benefits, are you eligible for medical benefits as well?

Posted: Sat Jan 09, 2010 09:26 pm Post Subject: Unemployment Benefits

Can you recieve all your unemployment benefits all at once.

Thanks,
Texas 1

Posted: Tue Jan 12, 2010 01:05 am Post Subject: Unemployment Benefits & Having a Baby

I was laid off from my job when I was about 6 months pregnant. I have been looking for new employment, but I guess no one wants to hire a pregnant lady gettting ready to have her baby. My due date is in about 6weeks and someone told me that once I have the baby, that my unemployment benefits will stop. Is this true? If I call in for the biweekly reporting, can't I just say that I couldn't work for that one week, but am available after the week I have the baby?

Posted: Tue Jan 12, 2010 01:05 am Post Subject: Unemployment Benefits & Having a Baby

Posted: Tue Jan 12, 2010 02:59 pm Post Subject:

Posted: Sat Jan 23, 2010 07:19 am Post Subject: Disability

I am currently on disability. I have been on long term disability since Feb. 2009 but worked some time in Jan and Feb. I went back to work for 4 weeks in Aug and Sept but was unable to return after that due to a back problem that was unresolved. I indicated to my employer on Jan. 8th, 2010 that I would probably be released to come back to work in Feb. On Jan. 15th I received a letter telling me I had been laid off due to a decresed work load. Do I have to wait until I've been released from the doctor to file for unemployment? Also will my
unemployment income be considered as work income when I apply for unemployment or only the hours I actually worked during the quarters required?